Act Now - The Report of the WCB Legislative Review Panel to the

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Summary of Issues from Public HearingsAppendix DThis appendix contains a summary of the issues raised at public hearings held in regionalcentres and the capitals of the NWT and Nunavut.The summary describes the issue that was raised, where and when it was raised, and,where the stakeholder identified themselves for the record, the name of the stakeholder.For easy reference, the comments made by stakeholders have been grouped in the samemanner and order as the text of this report.Electronic copies of unedited transcripts of the public hearings may be obtained bycontacting the WCB Legislative Review Panel care of Margaret Halifax, Director ofExecutive Services, WCB, by email at margareth@wcb.nt.ca.
SUMMARY OF ISSUES FROM PUBLIC HEARINGSKey:OS – Oral SubmissionWS – Written Submission3.0 WORKERS’ COMPENSATION ACTS3.1 The Fundamentals3.1.1 The Purpose of the Acts:State in the Acts: to serve public interest;legislated and funded insurance system.State purposes and mission; prioritiesshould be (in order) safety, return to work,compensation; should not be overlyprescriptive. Maintain no-fault principle,immunity, fair and equitable system.Purposes stated should be based onMeredith principles.‣ S. Lee (OS/WS), Yellowknife, 28/05/01‣ M. de la Salle (OS), Yellowknife,15/08/01‣ Canadian Association of PetroleumProducers (CAPP) (Miller) (OS/WS),Yellowknife, 16/08/01‣ Canadian Federation of IndependentBusiness (WS), 21/06/01‣ C. Dent (WS), 31/08/01‣ United Steelworkers of America(OS/WS), Yellowknife, 29/05/01‣ J. Posynick (OS/WS), Yellowknife,29/05/01‣ Imperial Oil Ltd. (OS/WS), Yellowknife,16/08/01‣ CAPP (WS), 23/08/01Profit should not be a priority. ‣ C. Aindow (OS), Yellowknife, 17/08/01‣ Yellowknife Discussion, 17/08/01Priorities: ensure proper funding ofsystem; assist workers that needassistance.Compensate for lost wages; assist inreturning workers to the workplace.3.1.2 Definition of Worker:Need to clarify status of sole proprietorswho have elected not to have coverage.3.2 WCB Authority and AccountabilityWCB should be accountable to the peopleit is intended to serve – the workers andemployers of the NWT and Nunavut.3.2.1 Exclusive Jurisdiction of theWorkers’ Compensation Board:Maintain exclusive jurisdiction.‣ G. Stewart (discussion), Yellowknife,17/008/01‣ Canadian Association of Oilwell DrillingContractors (WS), 23/08/01‣ GNWT Public Works and Services (WS),22/08/01‣ Braden-Burry Expediting Services Ltd.(OS/WS), Yellowknife, 17/08/01‣ CAPP (Miller) (OS/WS), Yellowknife,16/08/01Appendix DPage D1 of D25WCB Legislative Review Panel Report December, 2001
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Accountable…to stakeholdersCompen
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Table Of Contents3.4.3 Employers’
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Table Of Contents5.0 A FINAL WORD 1
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The Legislative Review Directorate
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3.0 Workers’Compensation Acts3.1
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2.0 General ThemesDuring the course
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The Panel has generally adopted the
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The Panel did receive positive comm
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wanted was to return to work and st
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2. Are there workers in specific in
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Panel feels legislation should be p
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3.2 WCB Authority and Accountabilit
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WCB Board of Directors may chose to
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3.2.6 Regular Reviews of the Worker
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Recommendations: 3.2.8 Liability Pr
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Legislation in 2 other jurisdiction
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The legislation in other jurisdicti
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ones held accountable for a decisio
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members may be reappointed to the W
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Some suggested that having a compen
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Recommendations: 3.4.2 Workers’ A
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The WCB Board of Directors made the
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esolutions committees, under the au
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The Appeals Tribunal must give the
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The Panel considered the establishm
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Recommendations: 3.5.5 Time Limits
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are not familiar with some of the u
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The Panel was interested in the Ont
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Workers’ compensation payments ar
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3.6.3 Year’s Maximum Insurable Re
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The Acts are very specific in some
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3.6.5 Indexing Compensation by Comm
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2. The legislation should be change
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The Panel considered whether the in
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The Panel heard from some stakehold
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The Acts require any employer, whet
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Respondents to the Stakeholder Ques
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The Panel agrees. We see prior cons
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3.9.3 Authority to Make Investments
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Respondents to the Stakeholder Ques
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The duty to accommodate is not an o
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payments such as income tax or payr
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3.13 Environmental ChangeThe Acts h
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construction permits is a matter of
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date sections, reordering the “pa
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The Panel has recommended changes t
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the WCB when it is contemplating ch
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The Panel was asked to consider rec
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No other jurisdictions regulate wor
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4.2.5 Safety InspectionsSome stakeh
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4.4 Employer Responsibilities4.4.1
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The Panel feels that the instrument
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Recommendation: 4.6.2 Consistency w
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others have experience as employers
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While the Panel heard positive comm
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5. Operational versus Legislative I
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3. The legislation should be amende
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3. It is suggested that the first r
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Recommendations: 3.5.5 Time Limits
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Page 125 and 126: Recommendation: 3.7.3 Rewarding Saf
Page 127 and 128: Recommendation: 3.12.4 Employer Rec
Page 129 and 130: 2. The legislation should be change
Page 131 and 132: Regulations (see also Recommendatio
Page 133 and 134: 5.0 A Final WordThe Panel has recom
Page 135 and 136: Glossary and DefinitionsAccident Fu
Page 137 and 138: Glossary and DefinitionsNet annualr
Page 139 and 140: WCB Legislative Review Panel Terms
Page 141 and 142: WCB LEGISLATIVE REVIEW PANELTERMS O
Page 143 and 144: STAKEHOLDER QUESTIONNAIRE AND SUMMA
Page 175: STAKEHOLDER QUESTIONNAIRE AND SUMMA
Page 179 and 180: SUMMARY OF ISSUES FROM PUBLIC HEARI
Page 183 and 184: Key:SUMMARY OF ISSUES FROM PUBLIC H
Page 193 and 194: Key:SUMMARY OF ISSUES FROM PUBLIC H
Page 199 and 200: smoke.Key:SUMMARY OF ISSUES FROM PU
Page 203 and 204: SUMMARY OF FORMAL PRESENTATIONS AND
Page 205: SUMMARY OF FORMAL PRESENTATIONS AND
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